The act of state doctrine is a court-made (common law) doctrine that prohibits U.S. courts from judging the validity of the official acts of a foreign country that take place within that foreign country's borders.
In Texas, as in other U.S. states, the act of state doctrine is recognized and applied based on federal common law, rather than state statutes. This doctrine holds that U.S. courts will generally not examine or question the validity of public acts performed by a recognized foreign sovereign within its own territory. The rationale behind this doctrine is to respect the sovereignty and avoid conflict with other nations. However, the doctrine is not absolute and may not apply in certain circumstances, such as when a specific exception is recognized by U.S. law or international treaty, or when the foreign act in question violates international law or fundamental human rights. The U.S. Supreme Court has the ultimate authority in interpreting the scope and application of the act of state doctrine, and its decisions are binding on Texas courts.
